Actors to submit petition calling for an end to film industry exploitation

A petition calling for the recommendations of an Oireachtas report on the operation of the Section 481 tax credit for film makers will be handed to the Government at Leinster House this morning.

Irish Equity president, Gerry O’Brien, will submit the petition signed by 3,700 actors in Ireland, the UK, Europe and the US, including a number of Oscar nominees and other award winners at 10.30 a.m.

The recommendations of the Committee on Budgetary Oversight ‘Report on Section 481 – Film Tax Credit’, were published in May 2023.

They propose that Irish performers will not be subject to lesser terms and conditions regarding their intellectual property rights than international performers in similar roles when employed on the same project receiving Section 481 funding.

The Committee recommended that compliance with the Copyright and Related Rights Act 2000, as well as the EU Copyright Directive should be a specified requirement in order to avail of the Section 481 credit.

The Committee committed to writing to the EU commission requesting an examination of the use of ‘buy-out’ contracts in the Irish film production sector as a standard practice as it represents a breach of the rights of performers and artists under the EU copyright directive.

The petition, which is supported by British Equity, the International Federation of Actors (FIA) and US trade union SAG/AFRA, has been signed by actors, Cillian Murphy, Ruth Negga, Colin Farrell, Siobhán McSweeney, David Morrissey, Jonathan Frakes, Jeri Ryan and Adrian Dunbar, among many more.

Gerry O’Brien said: “For decades, Irish actors living in Ireland have been offered contracts by Irish production companies with lesser terms and conditions than those offered to their international colleagues working on the same productions.

“These contracts have ignored the protections offered to Irish actors by national and international copyright law, denying them access to potential future earnings.

“These practices are unacceptable, particularly when these productions are financed by the public through Screen Ireland, the Section 481 tax credit, the licence fee and more.

“This petition and its signatories are evidence that this is more than a domestic issue. The eyes of the international audio-visual sector are on Ireland.

“Irish actors are part of an international community that has no desire to see their hard won rights undermined by these kinds of practices.”

Labour spokesperson on Arts, Senator Marie Sherlock, has also today expressed her strong support for Irish actors and the union Irish Equity in their campaign to ensure fair pay in Ireland’s film industry.

“For the past 30 years Irish actors have faced a deeply unfair system whereby in order to work here many have had to enter buy out contracts for future residual earnings on their work,” Senator Sherlock said.

“This means future earnings from their creative work does not accrue to them, but to production companies and others controlling the film sector here. What makes this all the harder to swallow, is that film made here in Ireland is in receipt of generous tax credits.This is a serious injustice that must be rectified.

“Firstly, we are calling for the full transposition of the Copyright Directives which are intended to protect actors’ future earnings but were shoddily transposed.

“Secondly, it is absolutely vital that projects in receipt of the Section 481 tax credit must be in compliance with the Copyright Directive, so that Irish actors here are not subjected to poorer terms and conditions relative to other actors working here.

“Irish Equity’s petition is a really important initiative, and I fully support it. Actors have the right to be fairly compensated for their work, and to have their rights protected.

“I call on the Government to take immediate action to implement the recommendations of the Committee’s report, and to ensure that Irish performers are treated fairly.

“Projects in receipt of public Section 481 funding must give assurance Irish performers will not be subject to lesser terms and conditions regarding their intellectual property rights than international performers in similar roles when employed on the same project.

“Labour believes the State should continue to invest and strongly support the Irish film and TV industry.

“However, this support must not ride roughshod over intellectual property and copyright rights over future earnings.

2Ensuring that all Irish performers are treated fairly is essential to building a sustainable and equitable film and TV industry.”